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Deportation and removal from Russia

Both “deportation” (депортация) and “removal” (выдворение) from Russia are ways to expel a foreigner from the country. However, their grounds are different.

➡ Removal is an administrative punishment. It is appointed by the court for law violation.
➡ Deportation is appointed out of court when there are grounds that prohibit the individual from further staying in Russia. This procedure is initiated by the Main Directorate for Migration Affairs. That is, one of the following should happen to the foreigner staying in the country so he or she may be deported:
    • he or she overstayed their visa or visa free period;
    • the foreigner does not have an optional health insurance;
    • he or she failed to maintain a lawful immigration status: residency, work patent or permit, which made their stay in the country legal, expired or was revoked;
    • the foreigner has not been granted refugee status, or he or she lost it, and in their country of origin things went better;
    • he or she unlawfully entered Russia on forged documents, etc.

PROCEDURE

Given the fact removal is a punishment for a violation of migration law, it is administered only if the guilt is proved in court. A noncitizen has the opportunity to provide evidence of their innocence and ask the court not to expel him or her due to exceptional circumstances, usually related to their personal life. On the other hand, the foreign national is not present when the deportation decision is made.

CONSEQUENCES

Administrative removal is a much more serious measure than deportation. In case of removal, the foreign national is prohibited to enter Russia for 3 to 10 years; while after being DEPORTED for the first time, the individual will be able to return to the country by preparing or updating the required documents. However, if he or she has been deported several times, it, again, may lead to a 5 to 10 year ban on entry to Russia.

HOW TO CHALLENGE THEM

A foreign national has 3 months to challenge the decision on deportation, and just 10 days, on removal. To participate in the court proceedings, it is worth filing a provisional remedy application so the foreigner has the right to stay in Russia until final disposition of the matter can occur. Such processes are often rather complex and complicated, so reaching out to a knowledgeable migration lawyer may be your best bet if you are facing deportation or removal.



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